In a landmark legal victory, the U.S. Court of Appeals for the Third Circuit has ruled in favor of veterans’ constitutional rights, affirming that veterans have the right to seek and pay for professional assistance when navigating the often-complex VA disability claims process. The ruling directly challenges New Jersey’s GUARD Act, which had previously prohibited veterans from compensating private professionals for help filing initial VA claims.
The unanimous decision, which vacated a lower court ruling, strongly questions the constitutionality of the law, emphasizing that restrictions on veterans’ freedom to choose their support likely violate the First Amendment. The court’s opinion stated unequivocally, “Laws that ban charging for speech burden the right to speak,” reinforcing veterans’ right to receive the assistance they need in a system that processes millions of claims annually.
A Major Legal Victory for Veterans
The decision has been hailed as a much-needed course correction by veterans’ advocates. Peter O’Rourke, President of the National Association for Veterans Rights (NAVR), described the ruling as a significant step forward in protecting veterans’ rights. “For years, our members have warned lawmakers that restricting a veteran’s right to choose support is not only bad policy, it’s unconstitutional. Now, the courts agree,” O’Rourke said.
The case, Veterans Guardian v. Platkin, was brought by Veterans Guardian, a national VA claims consulting firm, along with two veterans from New Jersey. The ruling is a win for veterans in the Third Circuit, which covers New Jersey, Pennsylvania, and Delaware. It is a reminder that veterans should have the right to decide how they wish to navigate the VA process, particularly when it is as complicated as it is overwhelming.
The Court’s Criticism of New Jersey’s Ban
The ruling also called out New Jersey’s failure to provide evidence that compensating professionals for assistance in filing VA claims contributes to fraud. The judges expressed concern that the state did not justify its ban on pre-appeal compensation, underscoring the lack of proof that such fees harm veterans or the system as a whole.
The decision is supported by a bipartisan panel of judges, including appointees from Presidents Bush, Obama, and Trump, which highlights the broad consensus across party lines that veterans’ rights should be upheld.
Advocating for Balanced Support
NAVR has long advocated for a balanced approach that ensures veterans have access to both free and paid assistance when filing VA claims. The organization’s stance is clear: while oversight is important to prevent fraud, veterans should not be limited in their ability to seek the professional support they need to navigate the VA system.
“This isn’t just about one case or one company,” said O’Rourke. “This is about reaffirming a veteran’s right to decide how to navigate a VA process that is notoriously complex and often overwhelming. No veteran should be deprived of the choice to seek professional help, especially when the VA claims process can take months or even years.”
What Veterans Can Do
This ruling is a significant victory for veterans, as it reaffirms their right to choose the assistance they believe is best suited for their needs. For veterans navigating the VA system, it is important to remain informed about changes in laws and regulations that may impact their claims.
If you’re a veteran seeking help with your VA disability claims, it’s essential to know that you have the right to seek professional assistance. Whether through paid consultants, attorneys, or other professionals, you should have access to the support that will help you achieve the best possible outcome for your claim.
At Veterans Guide, we remain committed to helping veterans understand their rights and options. If you need help navigating the complexities of the VA system or understanding the new ruling and how it may affect you, don’t hesitate to contact us for guidance and support.
